STATE OF NEW JERSEY v. VAUGHN UNDERWOOD (2011)

On November 9, 2009, defendant Vaughn Underwood pleaded guilty to the petty disorderly persons offense of defiant trespasser, N.J.S.A. 2C:29-9b.   The State agreed to dismiss other charges and to recommend a one-year probationary term with alcohol evaluation and domestic violence counseling.   Judge Salvatore Bovino imposed a one-year probationary term conditioned upon “an evaluation for alcohol counseling and domestic violence counseling.”   Defendant was given credit for two days spent in custody.

Defendant, represented by a different attorney, filed a notice of appeal on December 29, 2009, purporting to appeal a November 9, 2009 order, denying his attempt to withdraw his plea.   The Case Information Statement asserts that defendant “was not advised of all of his rights to deny the plea process and specifically, all ramifications.”

There is no such order.   The only order entered on November 9, 2009 is the one accepting the plea and imposing the sentence.   No other order was sent to us.¹

A core principle of our rules is that we only have jurisdiction to hear an appeal from a final decision of the trial court.   R. 2:2-3(a).   Thus, no trial decision, no appeal.

The appeal is dismissed.

FOOTNOTES

FN1. In this meager and insufficient record, we note that only the transcript of the November 9, 2009 hearing was ordered.   There is no reference in that transcript to a motion to withdraw the guilty plea entered on the same day..  FN1. In this meager and insufficient record, we note that only the transcript of the November 9, 2009 hearing was ordered.   There is no reference in that transcript to a motion to withdraw the guilty plea entered on the same day.

PER CURIAM